CRL OP/11223/2026 of Kumar Vs The state rep by, The Inspector of Police,
CRL OP No. 11223 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA
CRL OP No. 11223 of 2026
Kumar
S/o.Kuppusami,
No. 42, Sullimedu Main Street,
Avalpoondurai,
Erode - 638115 .
..Petitioner(s)
Vs
The state rep by, The Inspector of Police,
Bavanisagar Police Station
Erode.
Crime No. 35 of 2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 48 2 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of
his arrest in connection with Crime No.35 of 2026 on the file of respondent
Police.
For Petitioner(s): Mr.R.Thirumoorthy
For Respondent(s): Mr.P.Dhileepan
Govt. Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent
Police for the offences punishable under Sections 296(b), 118(1) and 351(3) of
BNS in Crime No.35 of 2026 on the file of the respondent Police, seeks
anticipatory bail.
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CRL OP No. 11223 of 2026
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2. The learned counsel for the petitioner, pleading innocence on the
part of the petitioner and false implication in the case, seeks indulgence of this
Court. He would submit that based on the complaint given by the petitioner, a
case in Crime No.34 of 2026 has been registered by the respondent police
against the de facto complainant for the offences punishable under Sections
296(b) and 118(1) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. He would further submit that the petitioners in the counter complaint have
been enlarged on bail by the Principal Sessions Judge, Erode in Crl.M.P.No.530
of 2026 on 15.04.2026. He would also submit that the petitioner is ready to
abide by any stringent condition that may be imposed by this court.
3.The case of the prosecution as put forth by the learned Government
Advocate(Criminal Side) appearing for the respondent police, opposing for
grant of anticipatory bail, is that the petitioner is employed as a salesman in a
TASMAC shop, near Bhavanisagar Bus Stand and the de facto complainant is
also working in the same shop. Due to a monetary dispute, a quarrel arose
between them. During the said quarrel, both parties abused and assaulted each
other. He would further submit that it is a case of case and counter.
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CRL OP No. 11223 of 2026
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4.Heard the learned c ounsel appearing for the petitioner and the learned
Government Advocate (Criminal Side) appearing for the respondent and
perused the materials available on record.
5.Taking note of the facts and circumstances of the case and the
submissions made by the learned counsel on either side, this Court is inclined to
grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event
of arrest or on his appearance, within a period of fifteen days from the date on
which the order copy is made ready, before the learned Judicial Magistrate,
Sathiyamangalam, on condition that the petitioner shall execute a bond for a
sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a
like sum, to the satisfaction of the respondent police or the police officer who
intends to arrest or to the satisfaction of the learned Magistrate concerned,
failing which, the petition for anticipatory bail shall stand dismissed and on
further conditions that:
[a] the petitioner and the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the Magistrate
may obtain a copy of their Aadhar card or Bank pass Book to
ensure their identity.
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CRL OP No. 11223 of 2026
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[b] the petitioner shall report before the respondent police
everyday at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either
during investigation or trial.
[d] the petitioner shall not abscond either during investigation or
trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action
against the petitioner in accordance with law as if the conditions
have been imposed and the petitioner released on bail by the
learned Magistrate/Trial Court himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 of B.N.S.
29-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VKR
To
1.The Judicial Magistrate, Sathiyamangalam.
2.The Inspector of Police,
Bavanisagar Police Station
Erode.
3.The Public Prosecutor,
High Court of Madras.
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CRL OP No. 11223 of 2026
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A.D.JAGADISH CHANDIRA, J.
VKR
CRL OP No. 11223 of 2026
29-04-2026
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